Case 4:22-cv-00615-ALM Document 1 Filed 07/20/22 Page 1 of 5 PageID #: 1
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`U N I T E D S T A T E S D I S T R I C T C O U R T
`F O R T H E E A S T E R N D I S T R I C T O F T E X A S
`S H E R M A N D I V I S I O N
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`Crystal Bolduc,
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`v.
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`Amazon.com Inc.,
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`Plaintiff,
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`Defendant.
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`Case No. 4:22-cv-615
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`CLASS-ACTION COMPLAINT
`Amazon.com enters into contracts with “delivery service partners” to bring pack-
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`ages to its patrons. It also engages it patently unlawful racial discrimination by provid-
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`ing a $10,000 bonus to “Black, Latinx, and Native American entrepreneurs” who act
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`as its delivery service partners, while withholding this stipend from Asian-Americans
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`and whites who deliver Amazon packages. Plaintiff Crystal Bolduc brings suit to en-
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`join Amazon.com from continuing these racially discriminatory practices, and to re-
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`cover classwide damages on behalf of everyone who has suffered unlawful racial dis-
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`crimination on account of this program.
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`JURISDICTION AND VENUE
`1. The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 28
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`U.S.C. § 1343.
`2. Venue is proper because a substantial part of the events giving rise to the
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`claims occurred in this judicial district. See 28 U.S.C. § 1391(b)(2).
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`PARTIES
`3. Plaintiff Crystal Bolduc is a citizen of Texas who resides in Denton County.
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`4. Defendant Amazon.com Inc. is a corporation organized under the laws of
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`Delaware. It may be served at 410 Terry Avenue North, Seattle, Washington 98109.
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`STATEMENT OF FACTS
`5. Amazon.com Inc. (Amazon) delivers packages to its patrons by entering into
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`contracts with “delivery service partners.”
`6. Amazon allows individuals who wish to become delivery service partners to
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`apply through its website. See https://logistics.amazon.com (last visited on July 20,
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`2022). A copy of this webpage is attached to the complaint as Exhibit 1.
`7. Amazon discriminates against whites and Asian-Americans, and in favor of
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`black, Latino, and Native Americans, who wish to become delivery service partners.
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`On its website, under the heading “Commitment to Diversity,” Amazon says:
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`We’re proud to announce a Diversity Grant to help reduce the barriers
`to entry for Black, Latinx, and Native American entrepreneurs — a $1
`million commitment toward funding startup costs, offering $10,000
`for each qualified candidate to build their own businesses in the U.S.
`With the launch of this grant program, we’re investing in building a
`future for diverse business owners to serve their communities. If inter-
`ested, please complete the diversity questions in the Financial Details
`section of the Application.
`Exhibit 1.
`8. This means that businesses owned by blacks, Latinos, or Native Americans
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`receive a $10,000 stipend from Amazon to become delivery service partners, while
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`whites and Asian-Americans who wish to become delivery service partners receive no
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`such stipend and must foot the entire bill for their startup costs.
`9. This is not the only instance of unlawful racial discrimination at Amazon.
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`Amazon has also been operating a “Black Business Accelerator” program since June
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`of 2021.
`10. Amazon claims that this program is “dedicated to helping build sustainable
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`diversity and provide growth opportunities for Black-owned businesses.” Exhibit 2.
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`11. Amazon uses this program to engage in unlawful racial discrimination against
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`non-black owned business and in favor of black-owned businesses that sell products
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`through Amazon.
`12. For example, Amazon uses this program to give black-owned businesses a
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`“$500 credit to assist with start-up and operational costs for eligible newly-launched
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`sellers.” Exhibit 2. Non-black-owned businesses are ineligible for this credit.
`13. Amazon also uses this program to give black-owned businesses “[a]dvertis-
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`ing credits to increase exposure” for their businesses. Exhibit 2. Non-black-owned
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`businesses are ineligible for these advertising credits.
`14. Amazon uses this program to give black-owned businesses “FREE imaging
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`services for up to 50 products to help showcase [their] products.” Exhibit 2. Non-
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`black-owned businesses are ineligible for these free imaging services.
`15. And Amazon uses this program to provide black-owned businesses with
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`“cash grant opportunities for select sellers.” Exhibit 2. Non-black-owned businesses
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`are ineligible for these cash grant opportunities.
`16. Amazon also uses this program to provide “business education, coaching,
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`and mentorship,” as well as “marketing and promotional support,” to black-owned
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`businesses that it refuses to provide non-black-owned businesses.
`17. Details of this racially discriminatory program can be found on Amazon’s
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`website at: https://sell.amazon.com/programs/black-business-accelerator (last
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`visited July 20, 2022).
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`FACTS RELATED TO STANDING
`18. Plaintiff Crystal Bolduc wishes to become an Amazon delivery service part-
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`ner, and she is “able and ready to apply.” See Carney v. Adams, 141 S. Ct. 493, 499–
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`500 (2020); Gratz v. Bollinger, 539 U.S. 244, 261 (2003).
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`19. Ms. Bolduc, however, is white, and she is therefore ineligible for the $10,000
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`stipend that Amazon awards to black, Latino, and Native Americans to offset their
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`startup costs.
`20. Ms. Bolduc is suffering injury in fact because she cannot apply to become an
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`Amazon delivery service partner without subjecting herself to racial discrimination.
`21. Ms. Bolduc will not apply to become an Amazon delivery service partner
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`until Amazon eliminates this racially discriminatory policy, either by extending its
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`$10,000 benefit to whites and Asians or curtailing or eliminating the benefit entirely.
`22. Ms. Bolduc’s injuries are traceable to Amazon and its racially discriminatory
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`policies, and they will be redressed by the damages and prospective relief sought in
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`this lawsuit.
`23. Ms. Bolduc seeks to represent a class of all past and future applicants to Am-
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`azon’s “delivery service partners” program who have been subjected to racial discrim-
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`ination.
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`CAUSE OF ACTION
`24. 42 U.S.C. § 1981 prohibits Amazon from engaging in racial discrimination
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`in the making and enforcement of contracts.
`25. Amazon is violating 42 U.S.C. § 1981 by awarding $10,000 to its black,
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`Latino, and Native American contractors, while withholding this benefit from its
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`white and Asian contractors.
`26. 42 U.S.C. § 1981 provides Ms. Bolduc with a private right of action to sue
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`for both damages and prospective relief. See Johnson v. Railway Express Agency, Inc.,
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`421 U.S. 454, 459–60 (1975).
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`DEMAND FOR RELIEF
`27. Ms. Bolduc respectfully requests that the court:
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`a.
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`b.
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`c.
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`d.
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`e.
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`certify the class described in paragraph 23;
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`declare that Amazon is violating 42 U.S.C. § 1981 by excluding whites
`and Asian-Americans from the $10,000 stipend that it provides to the
`black, Latino, and Native American contractors in its delivery-service-
`partners program;
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`enjoin Amazon from discriminating against or giving preferential treat-
`ment to any person or entity on account of race;
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`award costs and attorneys’ fees;
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`award all other relief that the Court deems just, proper, or equitable.
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`Adam K. Mortara *
`Illinois Bar No. 6282005
`Lawfair LLC
`125 South Wacker Drive, Suite 300
`Chicago, Illinois 60606
`(773) 750-7154
`adam@mortaralaw.com
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`Gene P. Hamilton*
`Virginia Bar No. 80434
`Vice-President and General Counsel
`America First Legal Foundation
`300 Independence Avenue SE
`Washington, DC 20003
`(202) 964-3721
`gene.hamilton@aflegal.org
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`Respectfully submitted.
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` /s/ Jonathan F. Mitchell
`Jonathan F. Mitchell
`Lead Attorney
`Texas Bar No. 24075463
`Mitchell Law PLLC
`111 Congress Avenue, Suite 400
`Austin, Texas 78701
`(512) 686- (phone) 3940
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`(512) 686- )3941 (fax
`jonathan@mitchell.law
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`Counsel for Plaintiff
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` pro hac vice application pending
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`Dated: July 20, 2022
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